AMENDATORY SECTION (Amending WSR 89-23-001, filed 11/2/89, effective 12/3/89)

WAC 392-101-001 Authority. The authority for this chapter is RCW 34.05.220 which authorizes the office of superintendent of public instruction to adopt rules governing the formal and informal proce-dures prescribed or authorized by chapter 34.05 RCW.

AMENDATORY SECTION (Amending WSR 89-23-001, filed 11/2/89, effective 12/3/89)

WAC 392-101-005 Administrative practices regarding hearings and rule proceedings. ((The superintendent of public instruction is)) (1) Administrative practices before and pertaining to the office of super-intendent of public instruction are governed by the state Administra-tive Procedure Act, chapter 34.05 RCW, the Washington State Register Act, chapter 34.08 RCW, and the state office of Administrative Hear-ings Act, chapter 34.12 RCW. These acts govern the conduct of (("rule" making proceedings and the conduct of "contested case" hearings)) "agency action," "adjudicative proceedings," and "rule making" as these terms are defined in RCW 34.05.010 (((2) and (3). Appearances in representative capacities before the superintendent of public instruc-tion; the procedures and conditions governing petitions for declarato-ry rulings or the adoption, amendment, or repeal of a rule; and, the standards, procedures and conditions governing the conduct of contes-ted case hearings and proceedings by or before the superintendent of public instruction shall be as set forth in rules of the state code reviser and the office of administrative hearings as now or hereafter amended. The rules of the code reviser are currently set forth in chapters 1-08 and 1-21 WAC. The rules of the office of administrative hearings are currently set forth in chapter 10-08 WAC)) The rules of the state code reviser provided in chapter 1-21 WAC, and as hereafter amended, and the rules of the office of administrative hearings provi-ded in chapter 10-08 WAC, and as hereafter amended, shall govern pro-cedures and practices before the superintendent of public instruction for the following: Petitions for declaratory rulings; petitions for adoption, amendment, or repeal of a rule; and the conduct of adjudica-tive proceedings. All other regulatory actions and hearings conducted by the office of superintendent of public instruction may be conducted informally at the discretion of the superintendent.

AMENDATORY SECTION (Amending WSR 15-15-107, filed 7/16/15, effective 8/16/15)

WAC 392-101-010 Conduct of administrative hearings. The office of superintendent of public instruction hereby assigns the following administrative hearings to the office of administrative hearings and hereby delegates to the administrative law judge conducting any such hearing the authority to render the final decision by the superintend-ent of public instruction:

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(1) Nonresident transfer appeals pursuant to chapter 392-137 WAC ((392-137-055(2))).

(2) Special education hearings pursuant to chapter 392-172A WAC or as amended.

(3) Equal educational opportunity complaints pursuant to WAC ((392-190-075)) 392-190-079.

(4) Professional certification appeals pursuant to WAC 181-86-150.

(5) National school lunch program, special milk program for chil-dren, school breakfast program, summer food service program, and child and adult care food program appeals pursuant to 7 C.F.R. Parts 210, 215, 220, 225 and 226.

(6) Traffic safety education appeals pursuant to WAC 392-153-001 through 392-153-070.

(7) Bus driver authorization appeals pursuant to chapter 392-144 WAC.

(8) Audit resolution appeals of agency management decisions re-garding resolution of state and federal audit findings pursuant to chapter 392-115 WAC.

(9) Appeals of enforcement actions withholding or recovering funds, in whole or in part, taken as a result of consolidated program reviews of federal programs conducted in accordance with 34 C.F.R. Sections 80.40 and 80.43.

AMENDATORY SECTION (Amending WSR 91-02-095, filed 1/2/91, effective 2/2/91)

WAC 392-101-015 Determination of indigency—Provision of free transcript. A determination of indigency shall be made for all per-sons wishing the provision of a free transcript of proceedings pur-suant to the following standards:

(1) Any ((person(s))) person receiving one or more of the follow-ing types of public assistance programs: ((Aid to families with de-pendent children, general assistance, poverty related veterans' bene-fits, food stamps, refugee resettlement benefits, medicaid, or))

(a) Temporary assistance for needy families;(b) Aged, blind, or disabled assistance benefits;(c) Medical care services under RCW 74.09.035;(d) Pregnant women assistance benefits;(e) Poverty-related veterans' benefits;(f) Food stamps or food stamp benefits transferred electronical-

ly;(g) Refugee resettlement benefits;(h) Medicaid; or(i) Supplemental security income.(2) Any ((person(s))) person receiving an annual income, after

taxes, of one hundred twenty-five percent or less of the current fed-erally established poverty level.

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((

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))

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AMENDATORY SECTION (Amending WSR 90-19-068, filed 9/17/90, effective 10/18/90)

WAC 392-137-190 Appeal notice—Denial of release or admission. Requests for an appeal shall be addressed to the superintendent of public ((instruction)) instruction's designee and shall contain the following:

(1) The name, age, grade level, and residence address, if any, of the student.

(2) The name, mailing address, if any, and the legal relationship of the person, if any, filing the notice of appeal on behalf of the student.

(3) In the case of denial of release, documentation indicating the conditions of WAC 392-137-155 have been met and a copy of all documents or other written evidence submitted to the resident district which indicates the grounds for the requested release.

(4) In the case of denial of admission, documentation that the nonresident district has failed to comply with the standards and pro-cedures specified in WAC 392-137-205.

AMENDATORY SECTION (Amending WSR 97-20-003, filed 9/17/97, effective 10/18/97)

WAC 392-137-195 Filing of notices of appeal. ((There is no pre-scribed method for transmitting appeals to the superintendent of pub-lic instruction but receipt of such written appeals by the superin-tendent of public instruction is a condition precedent to jurisdic-tion. The material may be hand-delivered or mailed to the following address:

Legal ServicesOffice of the Superintendent of Public InstructionP.O. Box 47200Olympia, Washington 98504-7200)) The superintendent of public in-

struction's designee must receive a notice of appeal as a condition precedent to exercising jurisdiction under this chapter. The notice of appeal must be filed via mail, by fax, or electronically directly with the office of superintendent of public instruction's designee, the of-fice of administrative hearings, at the following:

Mail:Office of Administrative Hearings600 University Street, Suite 1500Seattle, WA 98101-3126Fax: 206-587-5135Electronically: Successfully uploading documents through the fil-

ing portal operated by the office of administrative hearings.

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REPEALERThe following section of the Washington Administrative Code is

repealed:WAC 392-137-200 Appeal to SPI—Denial of application by

nonresident district.

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